(a) No person shall have in his possession or in his custody or under his control, for any commercial purpose, financial gain or compensation, or on or within any business premises, or on or within any premises located within a building structure containing space used for purposes of operating a business any:
(1) Machine, game or device commonly known as a “pinball game” or “marble game”, used or play of which is controlled by placing therein any token, coin, plate, disc, plug, slug, key or other device or by paying any fee;
(2) Machine, device or instrument that is so designed, made or modified as to be caused to operate by inserting therein any token, coin, plate, disc, plug, slug, key or other device, or by paying any fee, whether such device, machine or instrument purports to vend or distribute merchandise or property or to furnish recreation or amusement; and
A. The result of the operation of which is the discharge of one or more tokens, coins, plates, discs, plugs or memoranda, or is the registration of offs or a score, that makes it possible for one operator or user to receive more value or recreation or amusement than another operator or user inserting a similar token, coin, plate, disc, plug, slug, key or other device or paying a like fee; or
B. In the actual operation of which it is possible for one operator or user to receive more value than other operator or user inserting a similar token, coin, plate, disc, plug, slug, key or other device or paying a like fee; or
(3) Token, coin, plate, disc, plug, slug, key or otherwise operated or operable gambling device of any kind.
(b) For the purposes of this section, “gambling device” includes any machine, device or instrument that has automatic payoff or automatic free play mechanism and any machine, device or instrument that may easily be converted to automatic payoff or free play by slight changes in or additions to its mechanical structure and any machine, device or instrument in the actual operation of which the operator has a chance to gain property or an award of greater value than the coin, or the consideration given for the plate, disc, plug, slug, key or other thing used or that can be used, to cause such machine, device or instrument to operate.
(c) This section shall not apply, however, to miniaturizations of recognized games or sports, provided that such miniaturizations are designated to be played by means of essentially the same acts on the part of their users as they would perform in playing the respective recognized games or sports in imitation of which such miniaturizations are designed, and that by recognized games or sports is meant recognized games or sports the playing of which is not controlled in any manner by insertion of any token, coin, plate, disc, plug, slug, key or other device in any machine, device or instrument.
(d) Every machine, game, device or instrument described or defined in this section and located in the City shall be subject to seizure by any police officer of the City pursuant to search warrant duly obtained.
(Ord. 1516-1979. Passed 5-29-79.)
(e) This section shall not apply to special events conducted by any organization qualifying as a Section 501(c)(3) organization under the Internal Revenue Code.
(Ord. 14-1986. Passed 4-21-86.)